Jurisdiction(s):
United Kingdom

PECR penalties: UK FTT confirms affiliate ‘instigation’, rejects deliberate breach, recalculates MPN and clarifies cooperation/aggravation—Monetise Media v Information Commissioner

Published on: 18 November 2024

Published by a LexisNexis Information Law expert

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Article summary

Monetise Media Ltd v Information Commissioner [2024] UKFTT 959 (GRC)

What are the practical implications of this case?

This ruling offers clear guidance for advisers on PECR risk management and the Commissioner’s likely stance when a breach is alleged. Although the DPA 1998 applied at the material time, the insights below remain a helpful reference for penalty decisions under the Data Protection Act 2018:

The FTT confirms that a company can commit a serious PECR infringement through third parties and affiliate marketing, even without direct control over customer databases or the marketing content.
Familiarity with the relevant, in-force guidance at the point of any alleged PECR breach is crucial, as both the Commissioner and the FTT will afford it considerable weight during enforcement or on appeal.
The decision highlights that the Commissioner will evaluate a business’s conduct during the investigation, and may treat unhelpful engagement as an aggravating factor that increases the penalty.

Collectively, these points provide a practical framework for those advising on PECR compliance and enforcement risk, and suggest that practitioners should consider which practical tips would best serve clients...

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